The Power of Human Law

Human law, according to the Pandects of Justinian,“should be made to suit the majority of instances, not for what may possibly happen in individual cases.” As St. Isidoresays (Etym. ii): “Law should be framed for the common good of all citizens, and not for any private benefit.” It is apparent then that human laws are primarily for the community rather than for any individual member of the community.

In prohibiting, human laws cannot refer specifically to all human vices, but only to the more grievousones, and chiefly those that are hurtful to fellowmen (such as theft or murder) and which must be prohibited if the necessary order of life in human society is to be maintained.

Nor can human laws, in commanding, prescribe every act of every virtue by special enactment. Human law must prescribe all virtues that serve the common good, but not in full detail.

Just human laws derive, through the natural law, fromthe eternal law. Hence such laws bind a man in conscience. Unjusthuman laws do not bind in conscience, except to the extent that aman must endure some hardship rather than upset an established system of harmonious rule. But laws which are unjust because they directly contravene God’s law are not only not binding, but aman is bound in conscience to disregard them, to oppose them, andto do what he can to have them revoked.

Human law binds all its subjects equally, and without exception.

The letter of the law is to be observed except where such observance would be harmful to the general welfare. Sometimes necessity dispenses from law. When pressure of necessity is not sosuddenor strong as to demand instant decision, a dispensationfrom the law is to be obtained from those in authority.